Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Vincxxx Xxxxxxx By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx Title: Chairman & CEO ----------------------------------- Date: 1-15-01 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Jeffxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Aransas Nueces Camexxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hancxxx Harrxxxx Xxxxxxx XX. ALABAMA Mobile V. FLORIDA
Appears in 1 contract
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Vincxxx Xxxxxxx Willxx X. Xxxxxxxx, Xx. By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx Willxx X. Xxxxxxxx, Xx. Title: Chairman President & CEO ----------------------------------- Date: 1Date:1-15-01 2001 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited
I. TEXAS Jeffxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Aransas Nueces Camexxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hancxxx Harrxxxx Xxxxxxx
XX. ALABAMA Mobile
V. FLORIDA
Appears in 1 contract
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Vincxxx Xxxxxxx Ernexx X. Xxxxxxxx XXX By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx Ernexx X. "Xxbbxx" Xxbixxxx XXX Title: Chairman & CEO ----------------------------------- Date: 1-15-01 2001 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited
I. TEXAS Jeffxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Aransas Nueces Camexxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hancxxx Harrxxxx Xxxxxxx
XX. ALABAMA Mobile
V. FLORIDA
Appears in 1 contract
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Vincxxx Xxxxxxx Jamex X. Xxxxxx By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx Jamex X. Xxxxxx Title: Chairman & CEO ----------------------------------- Date: 1-15-01 2001 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited
I. TEXAS Jeffxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Aransas Nueces Camexxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hancxxx Harrxxxx Xxxxxxx
XX. ALABAMA Mobile
V. FLORIDA
Appears in 1 contract
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Vincxxx Xxxxxxx Eric X. Xxxxx By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx Eric X. Xxxxx Title: Chairman & CEO ----------------------------------- Date: 1-15-01 2001 Date: 1-15-2001 ----------------------------- ------------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited
I. TEXAS Jeffxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Aransas Nueces Camexxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hancxxx Harrxxxx Xxxxxxx
XX. ALABAMA Mobile
V. FLORIDA
Appears in 1 contract
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' attorney's fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment Judgement may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHOREOFFSHIORE, INC. /s/ Vincxxx Xxxxxxx __________________________ By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx :___________________________ Xxxxxx X. Xxxxxxxx, Xx. Title: Chairman & CEO ----------------------------------- :________________________ Date: 1-15-01 :______________________ Date: 1-15-2001 ----------------------------- ------------------------------------ :_________________________ Schedule A - Counties and Parishes in which Competition is Prohibited
Prohibited I. TEXAS Jeffxxxxx Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Xxxxxxx Aransas Nueces Camexxx Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hancxxx Harrxxxx Xxxxxxx Xxxxxxxx Xxxxxxx
XX. ALABAMA Mobile
V. FLORIDA
Appears in 1 contract
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Vincxxx Xxxxxxx By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx Title: Chairman & CEO ----------------------------------- Date: 1-15-01 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited
I. TEXAS Jeffxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Aransas Nueces Camexxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hancxxx Harrxxxx Xxxxxxx
XX. ALABAMA Mobile
V. FLORIDA.
Appears in 1 contract
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 5, 6 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Vincxxx Xxxxxxx ____________________________ By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx :_______________________________________ Xxxxxx X. Xxxxxx Title: Chairman & CEO ----------------------------------- :____________________________________ Date: 1-15-01 :_______________________ Date: 1-15-2001 ----------------------------- ------------------------------------ :_____________________________________ Schedule A - Counties and Parishes in which Competition is Prohibited
Prohibited I. TEXAS Jeffxxxxx Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Xxxxxxx Aransas Nueces Camexxx Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hancxxx Harrxxxx Xxxxxxx Xxxxxxxx Xxxxxxx
XX. ALABAMA Mobile
V. FLORIDA
Appears in 1 contract
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' attorney's fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Vincxxx Xxxxxxx __________________________ By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx Title: Chairman & CEO ----------------------------------- :________________________ Willie J. Bergeron, Jr. Xxxxx:________________________ Date: 1-15-01 :______________________ Date: 1-15-2001 ----------------------------- ------------------------------------ :________________________ Schedule A - Counties and Parishes in which Competition is Prohibitedprohibited.
I. TEXAS Jeffxxxxx Texas Jefferson Chambers Xxxxxx Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Nueces Calhoun Aransas Nueces Camexxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hancxxx Harrxxxx Xxxxxxx
XX. ALABAMA Mobile
V. FLORIDAXxxxxxn
Appears in 1 contract